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  • 2016-08-05 (xsd:date)
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  • President Obama Is Banning the 'Don't Tread on Me' Flag? (en)
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  • On 3 August 2016, Washington Post legal analyst Eugene Volokh published an article about an Equal Opportunity Employment Commission (EEOC) decision that reportedly found in favor of an employee who filed a complaint about a co-worker's fondness for wearing caps bearing a representation of the Gadsden Flag (known better by the legend Don't Tread On Me). Structured as a legal expert's opinion, the article evaluated the nature of decision without all the underlying details of the EEOC's ruling (which are not yet available): Volokh also reproduced a portion of EEOC decision: From the small amount of information available it was difficult to determine from a non-legal perspective whether any specific decision was reached at all, much less one banning the Gadsden flag from the workplace. Volokh stated that he was unable to view the source material in full because EEOC proceedings in this case are confidential: Volokh raised a number of compelling questions about the implications of such a ruling in his analysis, but the information available didn't confirm that the Gadsden flag (or its Don't Tread On Me legend) had been banned from any workplace (much less every workplace). An EEOC representative whom we contacted for more information told us, among other things, that the decision only dealt with whether the referenced complaint should be investigated or dismissed and did not make any determination that discrimination had actually occurred or that the Gadsden flag was a racist symbol: The full text of the EEOC decision can be viewed here. (en)
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